Rocky Hill — The state’s top prosecutor is asking the state Supreme Court to reconsider its 4-3 decision ending the death penalty in Connecticut.
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Chief State’s Attorney
Kevin Kane
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“The Division of Criminal Justice recognizes the complex legal and policy issues that the court confronted in this crucially important case,” Chief State’s Attorney Kevin Kane said in a motion filed Friday afternoon with the Supreme Court.
“And, as always, the division realizes there are legitimate opinions on both sides of the death penalty debate. But the process that the majority followed in reaching its conclusion deprived the division of the opportunity to address the concerns that drove the results and led the majority unaided by the time-tested adversarial process t o inaccurate assumptions and errors of law.”
This motion leaves the 11 inmates on Connecticut death row in limbo.
Kane said the motion “speaks for itself,” and declined further comment.
Last month, the state Supreme Court, in deciding the death penalty case of Eduard Santiago, went beyond what it was asked to consider in that case and threw out Connecticut’s death penalty.
Though neither side in that case argued the points, the state’s highest court ruled the death penalty should be abolished because: the state rarely imposes the death penalty; there are other states that have abolished the death penalty; and there are racial disparities in the way the death penalty is administered.
“The majority opinion, along with the concurring opinion of two justices, addresses issues, undertakes analysis and relies on materials that were never raised or presented and never subjected to any adversarial inquiry,” the prosecutor’s motion states.
“And, as always, the division realizes there are legitimate opinions on both sides of the death penalty debate. But the process that the majority followed in reaching its conclusion deprived the division of the opportunity to address the concerns that drove the results and led the majority unaided by the time-tested adversarial process t o inaccurate assumptions and errors of law.”
This motion leaves the 11 inmates on Connecticut death row in limbo.
Kane said the motion “speaks for itself,” and declined further comment.
Last month, the state Supreme Court, in deciding the death penalty case of Eduard Santiago, went beyond what it was asked to consider in that case and threw out Connecticut’s death penalty.
Though neither side in that case argued the points, the state’s highest court ruled the death penalty should be abolished because: the state rarely imposes the death penalty; there are other states that have abolished the death penalty; and there are racial disparities in the way the death penalty is administered.
“The majority opinion, along with the concurring opinion of two justices, addresses issues, undertakes analysis and relies on materials that were never raised or presented and never subjected to any adversarial inquiry,” the prosecutor’s motion states.
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